How Do I Transfer The Title Or Deed Of A House?
There are different reasons for transferring the title of a house to another person or persons, such as selling the property to another party or passing it on to a family member as a gift or as part of a relative’s estate plan. This would require the assistance of a Legal Document Assistant. This licensed professional can create a deed, which is required any time you are transferring property from one owner to another. The deed serves as legal proof of the transfer of the asset (the house and the property it rests on).
The Process of Changing Ownership of a Home
Conveying ownership to the next person requires multiple steps but does not have to be complicated if you have the help of an LDA who has the knowledge and expertise to draft an official deed. In fact, an LDA can guide you through the first step, which involves choosing what kind of deed you will need to make the transfer. The following are some examples.
General Warranty Deed
This document is most often used in the sale of a home. It transfers ownership of the property from the grantor(better known as the owner) to the grantee (the buyer). Furthermore, this type of deed protects the owner from anything that a seller might attempt to do (i.e., change his or her mind) and from previous owners who might threaten the quality of the deed. However, as a buyer (grantee) you still need to check all previous ownership history of the property before signing a deed because you would be responsible for any previous problems associated with that property.
Quit Claim Deeds
A quit claim deed applies to a situation where the property and its interests are transferred to the grantee, but it differs from the general warranty deed because it offers hardly any protection for the parties receiving the property. Most often this type of deed comes into play in a situation where the property is given to a relative, friend, or to a former spouse as part of a divorce settlement.
Other Types of Deeds
Likewise, there are other types of deeds that pertain to different situations that involve handing over a property to its new owner. These include:
A bargain and sale deed
A covenant of seisin
A covenant of quiet enjoyment
A reconveyance deed
A deed of trust
A court order deed
A special warranty deed
A trustee’s deed
If you’re not sure which type of deed fits your situation, a Legal Document Assistant might be able to help you make the right choice along with drafting the appropriate documents.
Creating The Deed
Drafting the deed involves obtaining a blank template for the appropriate deed that pertains to your specific situation, whether it is part of your estate planning documents or a necessary document for the sale of your home, and filling it out with the correct information, which includes the following:
Your full name
Your current address and phone number
Your social security number
The property’s address
Plus, the document requires the same personal information as the grantee or buyer. Also, your state’s laws might require you to include a copy of the title of the property and property description. Most importantly, you will need to check that all information is current and correct since having the wrong information would slow down the process.
Terms and Conditions
This step is perhaps the most important because you are setting up the terms of your transfer of the property to the buyer. This may include the sales price and the amount of tax for the house. On the other hand, if you are drafting a quit claim deed, you might have a dollar amount mentioned on the document. In this case, you would specify that the property will be handed over to the recipient (another term for “grantee”) with no considerations.
Find a Notary
Finally, you will need to have the documents notarized which require the assistance of a notary public. This person signs a statement saying that he or she has viewed your identification and has verified your identity. From there, he or she places their seal on the documents. Quite often, you and the buyer will need three copies of the deed to be notarized. From there, the deed can be recorded at the county recorder’s office for a small fee.
How can LDA help?
Legal Document Assistants are licensed and trained to complete deeds, and some offer help with checking out the history of ownership. Moreover, an LDA can ensure the timely arrival of your deed to the notary public and then to the county recorder. If you want to not only make sure that you are utilizing the correct deed template for your purpose, but to also ensure that it is filled out correctly, then contact an experienced LDA.